Protection from dismissal for pregnant and new mothers
The ERA 2025 extends protection against dismissal for employees who are pregnant or have been pregnant, by affording the government a power to make regulations which would mean that it was automatically unfair to dismiss a pregnant employee or new mother until she has been back at work for at least six months after giving birth, except in “specific circumstances.” Protection will also apply to other forms of family leave such as adoption leave, shared parental leave, neonatal care leave and bereaved partners’ paternity leave.
The government launched a consultation between 25 October 2025 and 15 January 2026 seeking views on:
- what the ‘specific circumstances’ for being able to dismiss a pregnant woman or new mother should be,
- whether the protections should be a ‘day one’ right,
- when the protected period should start and end,
- whether other parents should be protected.
As to the specific circumstances, the consultation proposed two options either adding a stricter test of fairness when dismissing for one of the fair reasons (conduct, capability or some other substantial reason) for example to avoid serious harm to the business or other staff, or to narrow the scope of the fair reasons. In the latter case the options proposed included only dismissing on grounds of gross misconduct or a risk to the health and safety of the public.
A response to the consultation is awaited and the further protection is not due to come into force until sometime in 2027. Whatever the outcome the important protections from redundancy that apply to pregnant employees should not be undermined.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
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